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Ordinance 014-20171 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. o14 2017 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM URBAN RESIDENTIAL- MOBILE HOME (URM) TO MIXED USE (MU), FOR PROPERTY LOCATED AT 5660 LAUREL AVENUE, SOUTH STOCK ISLAND, MILE MARKER 5, LEGALLY DESCRIBED AS BLOCK 31, LOT 6, MALONEY SUBDIVISION, (PLAT BOOK 1, PAGE 55), STOCK ISLAND, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE #00124400.000000, AS PROPOSED BY PICCOLO KEY WEST, LLC; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 24, 2017, Piccolo Key West, LLC (the Applicant) submitted an application requesting to amend the Monroe County Land Use District (Zoning) Map from Urban Residential - Mobile Home (URM) to Mixed Use (MU); and WHEREAS, the subject property is located at 5660 Laurel Avenue, South Stock Island, Mile Marker 5, legally described as Block 31, Lot 6, Maloney Subdivision (Plat Book 1, Page 55), Stock Island, Monroe County, Florida, having real estate number 00124400.000000; and WHEREAS, the subject property is currently vacant; and WHEREAS, the current Zoning designation of URM is inconsistent with the subject parcel's current designation of Mixed Use /Commercial (MC) on the Future Land Use Map (FLUM) of the Monroe County Year 2030 Comprehensive Plan; and WHEREAS, Florida Statute Sections 163.3194 and 163.3201 require land development regulations to be consistent with and implement the Comprehensive Plan; and WHEREAS, the proposed Zoning amendment is necessary to be consistent with the existing FLUM designation of MC; and Ord. No._- 2017 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 WHEREAS, the Monroe County Development Review Committee considered the proposed amendment at a regularly scheduled meeting held on the 25 day of April, 2017; and WHEREAS, the Applicant held a Community Meeting regarding the proposed amendment, as required by MCC § 102 -159, on May 3, 2017; and WHEREAS, the Monroe County Planning Commission held a public hearing on the 28 day of June, 2017, for review and recommendation on the proposed amendment; and WHEREAS, the Monroe County Planning Commission adopted Resolution No. P25 -17 recommending approval of the proposed Zoning map amendment; and WHEREAS, at a regularly scheduled meeting held on the 16 day of August, 2017, the Monroe County Board of County Commissioners held a public hearing, considered the staff report, and provided for public comment and public participation in accordance with the requirements of state law and the procedures adopted for public participation in the planning process; and WHEREAS, based upon the documentation submitted and information provided in the accompanying staff report, the BOCC makes the following Findings of Fact: 1. Prior to the 1986 adoption of the County's current land development regulations and their associated land use district maps, the subject property was within a BU -2 district (Medium Business); and 2. In 1992, with the final adoption of the current Zoning map, the subject property was re- designated as Urban Residential - Mobile Home (URM); and with the adoption of the Comprehensive Plan's FLUM in 1997, the subject property was given its current FLUM designation of Mixed Use /Commercial (MC); and 3. Map amendments to the Monroe County Land Use District Map shall not be inconsistent with the provisions and intent of the Monroe County Comprehensive Plan; and 4. Monroe County Code (MCC) § 102 -158 states that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit an adverse change in community character, analyzed in the Technical Document (data and analysis), but only to make necessary adjustments in light of changed conditions or incorrect assumptions or determinations as determined by the findings of the BOCC; and 5. MCC §102- 158(d)(7)b. provides that one or more of the following criteria must be met for a map amendment: a. Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; b. Changed assumptions (e.g., regarding demographic trends); c. Data errors, including errors in mapping, vegetative types and natural features described in volume I of the plan; Ord. No._- 2017 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 d. New issues; e. Recognition of a need for additional detail or comprehensiveness; f. Data updates; and 6. Per MCC §102- 158(d)(7)d., in no event shall an amendment be approved which will result in an adverse change in community character to the sub -area which a proposed amendment affects or to any area in accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC; and 7. Map amendments to the Monroe County Land Use District Map shall not be inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, based upon the documentation submitted and information provided in the accompanying staff report, the BOCC makes the following Conclusions of Law: 1. The proposed map amendment is consistent with the provisions of the Monroe County Code: a. As required by MCC §102 -158, the map amendment does not relieve particular hardships, nor confer special privileges or rights on any person, nor permit an adverse change in community character, as analyzed in the Monroe County Year 2030 Comprehensive Plan; b. As required by MCC §102- 158(d)(7)b., the map amendment is needed due to new issues and the recognition of a need for additional detail or comprehensiveness; and 2. The proposed map amendment is consistent with the provisions and intent of the Monroe County Year 2030 Comprehensive Plan: a. The Mixed Use (MU) Land Use (Zoning) District corresponds with the Future Land Use Map designation of Mixed Use /Commercial (MC), and is consistent with the density and intensity standards as set forth in Policy 101.5.25; b. The Mixed Use (MU) Land Use (Zoning) District is consistent with the purpose of the Mixed Use /Commercial (MC) Future Land Use Map designation, as set forth in Policy 101.5.6; and 3. The proposed map amendment is not inconsistent with the Stock Island/Key Haven Livable CommuniKeys Plan; and 4. The proposed map amendment is not inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County Land Use District (Zoning) map is hereby amended as follows: Ord. No._- 2017 Page 3 of 4 I The property located at 5660 Laurel Avenue, South Stock Island, Mile Marker 5, 2 legally described as Block 31, Lot 6, Maloney Subdivision (Plat Book 1, Page 3 55), Stock Island, Monroe County, Florida, having real estate number 4 00124400.000000 shall be designated as Mixed Use (MU) as shown on Exhibit 1, 5 attached hereto and incorporated herein. 6 7 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 8 provision of this ordinance is held invalid, the remainder of this ordinance shall 9 not be affected by such validity. 10 I 1 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 12 conflict with this ordinance are hereby repealed to the extent of said conflict. 13 14 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 15 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 16 17 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of 18 Florida but shall not become effective until approved by the Florida State Land 19 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter 20 120 of the Florida Statutes. 21 22 Section 6. Inclusion on the Monroe County Code's Official Land Use District Map. The 23 provisions of this Ordinance shall be included and incorporated on to the Official 24 Land Use District Map of Monroe County. 25 26 Section 7. Effective Date. This ordinance shall become effective as provided by law and 27 stated above. 28 29 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 30 Florida, at a regular meeting held on the 16` day of August, 2017. 31 32 Mayor George Neugent Yes 33 0 0 a Mayor Pro Tem David Rice Yes 34 0 —j Commissioner Heather Carruthers Absent 35U _ �;� Commissioner Danny L. Kolhage Yes 36 = Commissioner Sylvia Murphy Yes 37 W c ESE) 38 © �w BOARD OF COUNTY COMMISSIONERS CD 39 a = OF MONROE COUNTY, FLORIDA I 40 .�,,,..� � _ " : o �[• � mot/ 41 BY 42 , -� �Y ( May or Ge Neugent 43 (SEAL) 'O _ 44 `� ' 5 AT TF.S IN MAD K, CLERK MON E COUNTY RNEY 47 A M. 48 DE CLERK ASSISTANT -STEVE T W ILLIA MS N ORNEY Date Ord. No._- 2017 Page 4 of 4 The Monroe County Land Use District Map is amended as indicated above. Proposal: Land Use District change of one parcel of land on South Stock Island having Real Estate Number 00124400 - 000000 from Urban Residential - Mobile Home (URM) to Mixed Use (MU). N A C' ., Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida August 30, 2017 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399 -0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 014 -2017 amending the Monroe County Land Use District (Zoning) Map from Urban Residential - Mobile Home (URM) to Mixed Use (MU), for property located at 5660 Laurel Avenue, South Stock Island, Mile Marker 5, legally described as Block 31, Lot 6, Maloney Subdivision, (Plat Book 1, Page 55), Stock Island, Monroe County, Florida, having real estate #00124400 - 000000, as proposed by Piccolo Key West, LLC; providing for severability; providing for repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for amendment to the Land Use District (Zoning) Map; providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on August 16, 2017. Should you have any questions, please feel free to contact me at (305) 295 -3130. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court & Comptroller & ex- officio to the Monroe County Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Growth Management County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305 - 294 -4641 305 - 289 -6027 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 F` LORI DA DEPARTMENT 4 j STATE RICK SCOTT Governor August 30, 2017 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Pam Hancock Dear Mr. Madok: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 014 -2017, which was filed in this office on August 30, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 www.dos.state.ft.us